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RVS Terms And Conditions

1. MobileMule Terms and Conditions


1.1 This Section 1 applies only to MobileMule products and services (collectively, “MM Products”).


1.2 The Initial Term of each MM Product license shall be three years. Customer may not terminate the Initial Term early, except as permitted by this Section 1.2, or Sections 5.1(b) or 5.1(c) of the Terms (as defined below). After six months, Customer may request early termination of any license, but such early termination shall be conditioned upon (a) RVS providing prior written consent to such early termination, in its sole discretion; (b) Customer paying an early termination fee of $599 per device; (c) Customer returning all MM Products for which RVS approved early termination; and (d) all such MM Products being received by RVS without damage (reasonable wear and tear excepted), as determined by RVS in its sole discretion.


1.3 The base Fee includes up to 2 GB of data storage. If Customer exceeds this amount, RVS may charge, and Customer agrees to pay, $7 per additional GB of storage per device per month.


1.4 MM Products store 90 days of video footage at a time; after 90 days, RVS may delete the applicable footage and associated data.


1.5 The MM Products include products and services (including cloud services) provided by LightMetrics, Inc. or its affiliates (collectively, “LightMetrics,” and all such products and services collectively, the “LightMetrics Products”) and ELD Mandate (d/b/a Bizringer Inc.) or its affiliates (“ELD Products”). RVS is a reseller of the LightMetrics Products and ELD Products, and the terms and conditions governing Customer’s use of the LightMetrics Products and ELD Products are set forth in (i) the LightMetrics End User License Agreement and (ii) [INSERT ELD End Customer Documents]. Customer’s use of the MM Products is conditioned on its consent to the LightMetrics End User License Agreement [and the INSERT ELD APPLICABLE DOCUMENTS].


1.6 In addition to the provisions of Section 5.3 of the Terms:


(a) MM Products may include a real-time Advanced Driver Assistance System (“ADAS”) and/or a real-time Driver Monitoring System (“DMS”). ADAS and DMS are only meant to aid and augment the driver’s (“End User Driver”) own skill and attention when driving on the road. Their primary function is to alert the End User Drivers to certain road conditions and events and does not replace the End User Driver’s responsibility to be attentive to the surrounding traffic conditions, and drive in a legal and responsible manner without any distraction of any sort. It is expected that the End User Drivers do not rely on the ADAS or DMS warnings as a substitute for their own judgement and attention.


(b) Certain features may not work in situations such as: (a) where visibility is challenging due to prevailing weather and lighting conditions; (b) lanes not being clearly marked or visible; (c) faces fully or partially covered by occlusions such as hats, sunglasses, facial hair, etc.; (d) when the vehicle is following a vehicle other than cars/buses/trucks; (e) when the camera's field of view is occluded by anything; (f) degradation of Wi-Fi connection between camera and mobile device; and/or (g) changes in camera orientation post-installation. In the event Reseller enables in-cab audio recording for End Users under the scope of the LightMetrics Products, such enabling of audio recording is at the sole discretion of Reseller and End Users. Neither LightMetrics nor RVS will be held liable to such End Users or other third-parties for breach of any applicable laws arising from enabling such audio recording.


2. P&D Solution Terms and Conditions


2.1 This Section 2 applies only to Safe Fleet V&T Offerings which are part of the P&D solution, which is currently offered by Safe Fleet’s RVS and/or AMFS brands, including via the website at pd.rearviewsafety.com, and including any Safe Fleet V&T Offering sold by RVS using a Part ID beginning with the letters “PD” (any of the foregoing, a “P&D Offering”). Safe Fleet offers P&D Offerings to Customers in connection with such Customers’ role as FedEx suppliers. For clarity, RVS may subcontract, assign, or otherwise transfer some or all of the Services which are part of the P&D Offerings to other Safe Fleet affiliates, including American Midwest Manufacturing Inc. d/b/a American Midwest Fleet Solutions, or AMFS, and/or to Third-Party Suppliers, including third-party installers.


2.2 Unless otherwise agreed by Safe Fleet in writing, Customer must, at or prior to the time of purchase, provide a credit card number that remains valid through the end of the Term with sufficient credit throughout the Term to permit Safe Fleet to be paid for all amounts chargeable under this Agreement.


2.3 Due to the custom nature of the P&D Offerings required by FedEx, except in the event Customer is terminated as a FedEx supplier between the time of purchase and fulfillment of an order (and, in such case, only provided that Customer and/or FedEx confirm same to Safe Fleet’s satisfaction with reasonable documentation), orders for P&D Offering Hardware are not cancellable; in the event of a purported cancellation other than as permitted by the foregoing, Customer will remain liable for an amount equal to the full price of such Hardware as set forth in the Sales Confirmation.


2.4 In all cases, subject only to Section 2.3 of the Terms (as defined below) and the applicable Warranty Documentation, P&D Offering Hardware is not returnable; in the event of any purported return other than as permitted by the foregoing, Customer will remain liable for an amount equal to the full price of such Hardware as set forth in the Sales Confirmation.


2.5 Fees for installation Services are payable in advance and are not refundable under any circumstances unless (i) Safe Fleet informs Customer that installation is not available within 14 days of Customer’s purchase of same, and (ii) Customer provides Safe Fleet notice of cancellation of such installation Services within three business days of learning of such unavailability.


2.6 Customer acknowledges that prices for installation Services set forth in the Sales Confirmation are based on the assumption that Customer will, at the time scheduled for installation, accurately, completely, and in a timely fashion provide, in good working condition, all resources, including, as applicable, site access, on-site personnel, vehicles, equipment, assets, parts and/or products, as communicated by Safe Fleet and/or the Third-Party Supplier to Customer (any of the foregoing, an “Installation Dependency”). Provision of any of the foregoing more than one hour after the scheduled installation time will be deemed untimely and a failure to provide the applicable Installation Dependency. If Customer, in whole or in part, fails to so provide any Installation Dependency with respect to any vehicle(s), Safe Fleet will have no obligation to provide the applicable installation Services for such vehicle(s) and Customer will forfeit (and Safe Fleet will have no obligation to refund) the Fees applicable thereto; for clarity, in such event, Customer will be required to pay the full installation Fee applicable to such vehicle(s) again in order to reschedule installation Services for such vehicle(s).


2.7 If any cancellation, return, postponement, failure to provide Installation Dependencies, delay, or downtime described in clauses 2.3 through 2.6 causes Safe Fleet to be liable to any Third-Party Supplier for any amounts in excess of the amounts described in such clauses, Customer shall be liable to Safe Fleet for such greater amount plus a reasonable margin determined by Safe Fleet.


2.8 Customer hereby authorizes Safe Fleet, whether during or after the Term, to charge Customer’s credit card for all liabilities, fees, and other amounts set forth in this Section 2 and to retain the proceeds thereof.


3. RVS Return Policy


Subject to the remainder of this Section 3, and further subject to Sections 1 and 2 above, Customer may return any Hardware sold by RVS (“RVS Hardware”) within 30 days of receipt, for any or no reason, in exchange for either another unit of such RVS Hardware or a refund of the amount paid by Customer for such RVS Hardware less all shipping fees paid by RVS for same (in Customer’s discretion). RVS will issue such refunds on returned items in the same payment form as tendered at the time of purchase, after receiving the returned unit. It may take three to five business days for a credit to appear on Customer’s credit card statement. If payment was made by check, no refund check will be issued prior to 10 business days from the date of purchase. Subject to Sections 1 and 2 above, RVS may, in RVS’s sole discretion, refuse any return, or accept such return subject to Customer’s payment of a 15% restocking fee, if Customer fails to comply with any of the following conditions: (a) Customer must first obtain an RMA (Return Merchandise Authorization) number by completing and submitting the form available at rearviewsafety.com/rma; (b) any RMA form received by RVS more than two weeks from issuance of the RMA will be invalid and RVS may reject return of the affected item; (c) Customer must ship the item together with all accessories in a shipping carton with the RMA number clearly written on the outside of the box; (d) damaged items, including items with a cut or damaged cable, may not be returned unless Customer can demonstrate that Customer received such item in such condition; (e) Customer must include the invoice and reason for return with item, including a description of any defect; (f) Customer must ship the item via insured ground service with a tracking number, at Customer’s sole risk (with RVS having no liability or responsibility for lost or damaged returns); (g) Customer must solely pay all shipping charges; (h) Customer must ship all pre-authorized returned items to: RMA#, 1797 Atlantic Avenue, Brooklyn, NY 11233.


4. SafeFleet Video & Telematics Products and Services Standard Customer Terms & Conditions


These RVS Terms hereby incorporate as if fully set forth herein, the Safe Fleet Video & Telematics Products and Services Standard Customer Terms & Conditions, the current version of which is currently available at https://www.safefleet.net/v-and-t-general-terms/ (as may be modified by Safe Fleet in its discretion from time to time, the “Terms”), including all terms and conditions incorporated by reference therein. Capitalized terms used but not defined in these RVS Terms shall have the meaning ascribed to them in the Terms. In the event of any Conflict between any Provision of the Terms and any Provision of these RVS Terms, these RVS Terms shall control, but with respect to Safe Fleet V&T Offerings sold by RVS only.